1

12.6.2013
Sl.15
as/mb

                                       W.P.4882 (W) of 2007


                                     Bimalendu Ghosh & Ors.
                                              -vs-
                                    State of West Bengal & Ors.




              Shri Bikash Mukherjee.

                                                                                  ...For the State.

              Shri N. C. Bihani.

                                                                                 ...For the Board.



      The grievances raised in the petition that the pond in question is being filled up by flying

ash. Prayer has been made to restore back the pond situated at Ward No.2 under Budge Budge

Municipality, R. S. Dag No.881, Khatian Nos.1599, 1610, 1572 and 1615, Mouza Gashibhukta

Nandanpur, J.L.No.8, P.S. Budge Budge in the District of South 24-Paraganas. Prayer has also

been made to comply the assurance recorded in the order passed by this Court in W.P.No.7579

(W) of 2001. Further prayer has been made to prohibit the respondents to change the nature and

character of the said pond. Other ancillary prayers have also been made.

It is submitted in the petition that the respondent authorities have violated the provisions of law as embodied under Water Bodies Act, the West Bengal Inland Fisheries Act, 1984, the West Bengal Town and Country (Planning and Development) Act, 1979 and the Water (Prevention and Control of Pollution) Act, 1974. Due to filling of the pond, people of the locality are facing water logging of the roads and appurtenant to the said plot. Within one kilometer of the said pond, there is no other water body available in case of any fire emergency. Hence, the petition has been preferred.

In the order dated 17.1.2003 passed in W.P.No.7579 (W) of 2001, it was stated by the learned Counsel appearing for the State that the Government is in seisin over the matter and 2 F.I.R. has been lodged against the respondent Nos.6 to 9 about the so called illegal filling up of the pond. Since the State Government is already in seisin over the matter, action should be taken in accordance with law.

It appears that the petitioners have preferred representation with the B. L. & L. R. O. for restoration of the pond. In case, the pond has not been restored so far, let it be restored to its original position by the B.L. & L.R.O. within a period of three months from date of receipt of the certified copy of this order.

With the aforesaid direction, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the appearing parties upon compliance of necessary formalities.

(Joymalya Bagchi,J)                                           (Arun Mishra, Chief Justice)